The difference is you prosecute the criminal actor, you make the act of creating a scam illegal. No, I'm not against that regulation. And you might be surprised to find that that regulation already exists, if you're not surprised I don't see why you keep trying to make the same point. Yes, crime should be illegal.

That's not what you're arguing for though. You're arguing for laws against participating in risky behavior by participants, regardless whether that risky behavior is a scam or not, on the grounds that they could lose money.

We don't ban fraud because people lose money, we ban fraud because people are deliberately misled, their rights are violated and they are stolen from, deliberately.

"We should ban people from taking risks", "no, I don't think so", "oh so you think fraud should be legal?" It's exhausting honestly. You should be able to come up with a better argument than this.